Page No.# 1/4 GAHC010209652025 2025:GAU-AS:12688 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5475/2025 FAISAL AHMED AND ANR S/O LATE MUBIJ ALI @ MUBIJ ALI CHOUDHURY, VILL- WEST SARKARIBARI, P.O.- RATABARI, DIST- SSRIBHUMI, ASSAM 2: SAURAV PAUL S/O LATE MONOJIT PAUL VILL- VIVEKANANDA PALLY P.O.- RAMKRISHNA NAGAR DIST- SRIBHUMI ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (ELEMENTARY), DISPUR, GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 3:THE STATE LEVEL SELECTION COMMITTEE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 4:THE DISTRICT LEVEL SELECTION COMMITTEE REPRESENTED BY THE DISTRICT KARIMGANJ SRIBHUMI ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 2/4 SRIBHUMI DIST- SRIBHUMI ASSA Advocate for the Petitioner : A B T HAQUE, Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.09.2025 Heard Mr. A.B.T. Haque, learned counsel for the petitioners. Also heard Mr. K. Phukan, learned standing counsel for the respondent Nos. 1, 2 and 5 and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 3 and 4. 2. The grievance, being sought to be addressed in this petition, is that the father of the petitioner No. 1, who was serving as an Assistant Teacher of Beratuk Middle School, Anipur, under Ramkrishna Nagar Block Elementary Education Officer, Karimganj district, died in harness on 01.08.2010; and the father of the petitioner No. 2, who was serving as an Assistant Teacher of 542 No. Gobindganj L.P. School, under Ramkrishna Nagar Block Elementary Education Officer, Sribhumi district, died in harness on 24.05.2014. Thereafter, the petitioners had filed applications for being appointed on compassionate ground before the District Elementary Education Officer, Karimganj, and the application of the petitioner No. 1 was placed before the District Level Committee, Karimganj, in its meeting dated 12.06.2013, but the same stood rejected. Being aggrieved, the petitioner No. 1 approached this Court by filing WP(C) No. 5282/2023, and vide order dated 13.09.2023, this Court was pleased Page No.# 3/4 to dispose of the petition by setting aside the minutes of the meeting dated 12.06.2013, in respect of the petitioner No. 1 and directed to place the case of the petitioner afresh before the DLC, Karimganj. 2.1. Since the application of the petitioner No. 2 was never placed before the DLC, he also approached this Court by filing WP(C) No. 5901/2023, and vide order dated 06.10.2023, this Court was pleased to dispose of the petition by directing the respondents to place the case of the petitioner before the DLC. Thereafter, the DLC in its meeting dated 30.11.2023, had considered the case of the petitioners for being appointed on compassionate ground 2.2. Thereafter, the District Elementary Education Officer, Karimganj, vide communication dated 17.02.2024, had forwarded the names of the petitioners, along with others to the Secretary to the Government of Assam, Department of School Education (Elementary), Assam for appointment on compassionate ground. However, the case of the petitioners has not been considered till date and in the meantime, the Commissioner and Secretary to the Government of the Assam, Personnel (B) Department had issued Office Memorandum, vide Memo No. ABP.104/2024/90, dated 18.09.2024, resolving not to place cases for appointment on compassionate ground before any DLC or SLC. Being aggrieved, the petitioners have approached this Court by filing the present petition. 3. Mr. Haque, learned counsel for the petitioners submits that this petition may be disposed of at this motion stage itself, by directing the respondent authorities to place of the case of the petitioners before the SLC. 4. Mr. Phukan, learned standing counsel for the respondent Nos. 1, 2 and 5 and Ms. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 3 and 4 submit that they have no objection in the event of disposing of this Page No.# 4/4 petition by directing the respondent authorities to place the case of the petitioners before the SLC. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC, Karimganj, dated 30.11.2023 and the communication dated 17.02.2024. 6. In view of the undisputed factual materials and further taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioners before the next SLC, and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law. 7. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order. 8. The petitioners shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today. 9. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant